AFFIDAVIT IN SUPPORT OF APPLICATIONS FOR SEARCH AND

AFFIDAVIT IN SUPPORT O F
APPLICATIONS FO R
SEARCH AND ARREST WARRANTS
I.
INTRODUCTION TO THE INVESTIGATIO N
This affidavit is made in support of applications for searc h
warrants for one apartment and one vehicle, and in support of a n
application for an arrest warrant for one individual, in the
Roanoke, Virginia, vicinity . Your affiant is David Frey, Specia l
Agent of the Federal Bureau of Investigation . Special Agent Fre y
has, for the past two weeks, been participating in a multi-agenc y
investigation of unauthorized radio transmissions directed t o
aircraft in the Roanoke area . Other agencies contributing to thi s
investigation include the Federal Communications Commission (FCC )
and the Federal Aviation Administration (FAA) .
In this investigation, the affiant has worked with and relie d
upon numerous other federal agents cooperating in thi s
investigation . Any reference in this affidavit to informatio n
collected by any agent other than the affiant is based upon report s
and oral briefings prepared by the law enforcement agent receivin g
the information, which reports and briefings were communicated t o
the affiant .
II. INTRODUCTION OF THE AFFIANT
David Frey is a Special Agent of the Federal Bureau of
Investigation, having served in that capacity for approximately tw o
years . He has received specialized training in the investigatio n
of violations of federal laws and has participated in numerou s
training programs conducted by the Department of Justice . Specia l
Agent Frey has participated in many investigations of federal la w
violations in every capacity, including interviewing participant s
and defendants, operating physical
surveillance,
analyzin g
telephone and bank records, and executing search warrants .
III .
STATUTES REFERENCED
Your affiant believes that the information in this affidavi t
demonstrates violations of Title 18, Sections 32 and 1464, both of
which are felony statutes .
Section 32 provides, in pertinent part :
(a) Whoever wilfully (6) communicates information, knowing the information to b e
false, and under circumstances in which such information ma y
reasonably be believed, thereby endangering the safety of an y
aircraft in flight ; . . .
shall be fined not more than $100,000 or imprisoned not mor e
than twenty years, or both .
Section 1464 provides :
Whoever utters any obscene, indecent, or profane language b y
means of radio communications shall be fined not more tha n
$10,000 or imprisoned not more than two years, or both .
2
IV. SUMMARY OF INVESTIGATIVE FINDING S
According to the sources to which reference is made in thi s
affidavit,
RODNEY
BOCOOK
has transmitted unauthorized radi o
messages to numerous aircraft in and over the Roanoke area fo r
approximately the past eight weeks . These messages have bee n
detected by aircraft in the air, by FAA facilities on the ground ,
and by FCC engineers/technicians in a variety of fixed and mobil e
sites .
The FAA and FCC have recorded the transmissions they coul d
hear, and have prepared partial transcriptions of those messages .
The messages include false and misleading communications t o
aircraft in the airport traffic pattern, during which
pretended to be an authorized air
Roanoke airport .
traffic
BOCOOK
controller
Posing as this "phantom controller",
ha s
for the
BOCOOK
has
given misleading instructions to aircraft, countermanded the ai r
traffic
instructions
of the
legitimate
controllers,
and ha s
generally imperiled the flow of air traffic and, consequently, th e
safety of that traffic, by means of these communications .
BOCOOK
has also repeatedly transmitted obscene, vulgar, an d
indecent language over the same frequencies during the same span o f
time .
V.
FACTS ESTABLISHING THE VIOLATIONS
A.
Section 32(a) :
On August 1, 1993, at approximately 4 :00 PM, the crew of a
ComAir flight reported to the FAA tower staff at Roanoke Regiona l
3
Airport that some person had transmitted a radio message to the m
when flying just south of the airport,
inviting that aircraft' s
crew to join him to smoke marijuana after landing .
This series o f
transmissions occurred at a critical phase of the flight, when th e
aircraft was approaching the runway to land, on frequency 118 . 3
megahertz, (Roanoke Tower )
On August 22, 1993, at approximately 10 :02 PM, the captain o f
a commercial aircraft landing at Roanoke reported that a male voic e
instructed him to "break off" (discontinue) his landing approach .
The aircrew questioned the tower about the
instruction, havin g
noticed the difference in the voices, and the unidentified mal e
repeated the instruction to break off the approach .
The next day, at approximately 1 :50 PM, a Cessna bearing
registration
number N18200 was cleared by the tower to land .
Almost immediately, the same unknown voice transmitted three time s
on the tower frequency (118 .3 MHz) that N18200 was not clear t o
land . The tower instructed the aircraft to land, but the voice
repeated twice more that it was not clear to land .
On September 2, 1993, at approximately 7 :00 AM ,Bechraft
N20HR was on approach to land on runway 33 at Roanoke . The same
voice came on the tower frequency (118 .3 MHz) and said :
Aircraft on final to three three you're no longer clear t o
land runway three three . Climb and maintain five thousand ,
execute missed approach .
According to the FAA, a missed approach is a procedure pilot s
must use when a decision is made to discontinue an approach t o
landing, either because of weather, traffic, or runway conditions .
4
The pilot in this instance began the missed approach procedure, bu t
also contacted the tower, who reissued his clearance to land .
On the same day, at approximately 4 :00 PM, the following
transmission was received and recorded on the departure frequenc y
(126 .9 MHz) . Analysis of the recording confirms that the voice wa s
the same as mentioned above :
Mayday, Mayday, Mayday, Mayday .
Ultralight goin' down on e
zero miles south of Roanoke . Ultralight goin' down one zer o
miles south of Roanoke . Can't stay on the radio .
On September 3, 1993, on the same departure frequency (126 . 9
MHz) at approximately 6 :20 PM, the same voice identified itself a s
the pilot of a Cessna number 139BB, and called out a mayday thre e
times . According to the FAA, "Mayday"
is
an
internationally
recognized distress signal, authorized for use only in the mos t
dire emergencies . Upon receipt of a "Mayday" signal, the FA A
officials are required to follow through as though an aircraft were
in distress .
On September 4, 1993, at approximately 4 :51 PM, a voice calle d
Roanoke Approach (126 .9 MHz) and identified itself as the pilot o f
"Lifeguard two lima golf" .
When Roanoke Approach responded to thi s
call, the voice replied "April Fool!
April Fool!"
Based upon my
own investigation and upon information supplied by the FAA, I ca n
assert that "Lifeguard Two Lima Gulf" is a medivac helicopter based
at Roanoke Memorial
Hospital .
The same voice transmitted
"Lifeguard two Lima Golf" again at 6 :22 PM that same day .
Later on the evening of September 4, at approximately 8 :10 PM ,
the
unidentified
voice
interfered with communications betwee n
5
Roanoke Approach and a TWA flight departing Roanoke . After Roanok e
cleared the TWA flight to "one zero thousand" feet, the voic e
transmitted "one two thousand" approximately four times, apparentl y
trying to direct the TWA flight to a higher altitude .
On September 5, 1993, at approximately 2 :07 PM, the same voic e
called Roanoke Approach (126 .9 MHz) and identified itself as th e
pilot
of "Lifeguard two lima
golf" .
When Roanoke Approac h
responded to this call, the voice replied "April Fools!
Apri l
Fools !
On September 7, 1993, at approximately 8 :53 PM, the crew o f
Chautaugua 407, a commercial airliner, reported to the tower tha t
some
unidentified
person had
just
called
them on the towe r
frequency and advised that runway 33, upon which they wer e
preparing to land, was closed .
At approximately 10 :38 PM that same evening, the same
unidentified voice contacted another commercial airliner, callsig n
Mesaba 3414, and directed that crew to execute a missed approach ,
falsely claiming that there was a disabled aircraft on the runway .
The voice argued with the tower when the tower instructed him to
get off the air .
Nine minutes later,
the same voice tried to contact "Blu e
Ridge 47", an aircraft which had just departed Roanoke, gave a n
incorrect altitude clearance, and instructed that crew to chang e
frequencies . The real departure controller was able to countermand
that instruction .
Beginning at about 11 :30 PM on September 7, the same voic e
6
began an extended colloquy with the FAA staff .
Posing first as the
pilot of a UPS cargo jet, then as Cessna 319MB, then as ultraligh t
554Z, then as Roanoke Departure control, and finally as the Roanok e
tower, the same voice attempted to disrupt the movement of aircraf t
on the ground and in the air .
At approximately ten minutes pas t
midnight, the same voice transmitted " Hello everybody . This is th e
Roanoke phantom" . When the tower closed for the night, the sam e
voice said "Attention all aircraft, the phantom is off the air fo r
probably another week "
The next afternoon, however, the same voice was heard on thre e
occasions
trying
to
instruct
departing
aircraft
to change
frequencies, and once, at approximately 4 :33 PM, the same voice
cleared Cessna N13496 to land on runway 15 at Roanoke .
On the evening of September 8, .beginning at 9 :21 PM, an
unauthorized voice contacted eight arriving or departing aircraft ,
attempting to change their altitude assignments or get them t o
change radio frequencies . None of these transmissions were hear d
or recorded by the tower staff, and consequently I cannot stat e
whether the voice was the same as mentioned in all the previou s
instances described above .
On September 11, 1993, at approximately 10 :28 PM, the same
voice returned and reported, approximately ten times, that he wa s
drunk . Shortly thereafter, the same voice instructed a landin g
commercial airliner to "hold short" of an intersecting runway .
According to the FAA, belatedly instructing a landing aircraft o f
that size to "hold short" creates a
7
stressful
and hazardou s
condition for the crew of the aircraft .
Additional transmissions of
this character continue on an
irregular pattern up to the date of this affidavit .
B.
section 1464 :
On August 15, 1993, at approximately 7 :15 PM, the same voice
transmitted the following on frequency 118 .3 MHz (Roanoke Tower) :
Nobody fucks with the chuc k
(inaudible) body fucks with the chuc k
Don't fuck with chuck
(inaudible) fuck with the chuc k
Similar messages were transmitted by the same voice on groun d
control (121 .9 MHz) and clearance delivery (119 .7 MHz) frequencie s
within the next thirty minutes .
On September 4, 1993, beginning at approximately 3 :26 PM, o n
the Roanoke departure frequency (126 .9 MHz), there was transmitte d
a repeated barrage of vulgar and indecent language . This series o f
transmissions was
different
in that the radio operator eithe r
attempted to disguise his voice by some electronic means, or wa s
transmitting the sound of some electronic device programmed t o
"speak" the following :
Fucking jerk, fuckin jerk, eat shit, fuck you, fuck you ,
you're an asshole, fucking jerk, eat shit .
Additional transmissions in this vein continued the rest of tha t
evening until 6 :21 PM, at which time the transmission included bot h
this
electronic "
voice"
and the same
unidentified
voice a s
mentioned above .
Additional transmissions of this character continue on a n
8
irregular pattern up to the date of this affidavit .
VI . DESCRIPTION OF EVIDENCE FOR WHICH SEARC H
AUTHORIZATION IS SOUGHT, AND
JUSTlFICATION
A.
The radio and accessorie s
According to the FCC and FAA experts participating in thi s
investigation, the signal transmission quality of this unauthorize d
operator is consistent with a comparatively low power transmitte r
in the three watt range . The fact that the operator can select an y
one of the several aircraft frequencies in use at Roanoke Airpor t
strongly indicates that the radio is tunable, probably usin g
electronic circuitry (as opposed to crystals) for tuning . I have
been made aware that pocket-sized radios of that description ar e
commercially available and are commonly used by pilots as an
auxiliary radio or in aircraft not having an installed radio .
These radios are not commonly sold in the retail market, but ar e
available from several mail-order firms .
The fact that, on some evenings, transmissions continue ove r
the course of several hours suggests that the radio is powered b y
some auxiliary power source, because the battery life of suc h
radios tends to be short . On this basis, I assert that it i s
probable that the operator uses some vehicle adaptor, probabl y
connected to the cigar lighter in his vehicle, for lengthy periods
of radio use . There should also be a recharging device fo r
batteries, either in a vehicle or in the operators' residence .
9
I
assert this as a probability because I have discovered tha t
batteries commonly supplied with radios of this type can b e
recharged if placed in a charger for some hours .
If located, the radio must be seized and subjected t o
scientific testing to compare the distinctive radio transmissio n
characteristics to the recorded characteristics of the unauthorize d
radio .
B.
Asecond radio or recording devic e
According to the FAA, in the background of several of th e
transmissions, one can hear other radio transmissions bein g
received . On September 4, 1993, for instance, the tower recorde d
an unauthorized transmission which consisted of a rebroadcast of a
prerecorded automated terminal information system (ATIS) broadcast ,
which broadcast is continually transmitted on a differen t
frequency . In this broadcast, the tower warned arriving aircraf t
that there was a "phantom" controller reported in the area . Th e
unauthorized operator retransmitted that portion of the ATI S
information relating to himself .
Based on my years of experience with radio communications, an d
based upon the combined experience of the FCC and FAA experts i n
this investigation, I assert that no radio of the type described i s
capable of simultaneously transmitting and receiving . This fac t
indicates that the operator had access to another receiver durin g
that broadcast, or that he recorded the ATIS broadcast and kept i t
near the transmitter .
10
C. The vehicl e
FCC engineers/technicians have been operating intensively i n
the Roanoke area for the past few weeks, using sensitive radios t o
detect, record, and locate the source of these transmissions .
These engineers/technicians have received and recorded literall y
hundreds of these transmissions, and have attempted to plot thei r
source and locate the operator .
Despite their skill and experience, they had been unable t o
localize this transmission because, according to the FC C
engineers/technicians, the transmissions are coming from a movin g
source . On several occasions, the FCC engineers/technicians hav e
localized the transmission to within a few hundred yards, but have
always arrived at the street, highway, or parking lot after the
transmission stops and after the operator has moved .
On the basis of their experience, I assert that it is probabl e
that the operator is transmitting from a vehicle that is eithe r
continually moving or which pauses briefly to transmit befor e
moving on . If this vehicle is located, it is likely to contai n
evidence of these violations, including radio accessories, lists o f
radio frequencies, or airline flight schedules .
D.
The "noise maker "
As set out in more detail in Section V (A), above, on certai n
occasions the operator has transmitted an electronically produce d
or enhanced voice speaking obscenities . If located in the
subject's house or vehicle, it would tend to constitute evidence o f
11
the identity of the person transmitting those obscenities .
E.
Documentary evidence
Because of the number and increasing precision of th e
unauthorized air traffic control calls transmitted, I assert tha t
it is probable that the violator has some published source o f
Roanoke air traffic control frequencies and has some text or othe r
instructional material describing proper radio procedures and
methods . This is probable because, in just seven weeks, thi s
violator has been able to progress from merely chatting with th e
aircrews to giving them instructions so authentic that some hav e
been followed . I also note that BOCOOK was attempting to purchas e
a guidebook to aeronautical communications when he was arrested i n
1987 .
I also expect that, if the search requested is authorized, I
will locate financial and shipping records relating to the purchas e
and delivery of a suitable radio and accessories in the perio d
before the calls began .
VII. PROOF OF IDENTITY
A.
Transmitter Signature Analysi s
The signals collected have been subjected to elaborat e
spectrographic analysis by the FCC experts, who conclude that, i n
all the transmissions clear enough for a full analysis, the signals
12
were produced by one single transmitter .
which authorization
Should the searches fo r
is sought be accomplished, any transmitte r
located can be compared to the signals recorded, and the identit y
of a particular transmitter as the source of these transmission s
may be confirmed or ruled out with a very high level of technica l
certainty .
B . Direction
Findin g
The FCC agents participating in this investigation are trained
and equipped to locate the source of radio transmissions by mean s
of a technique called "direction finding" (DF) .
Direction finding
is accomplished by using sensitive radio receivers connected t o
directional
antennas which, when operated by the FCC agents ,
indicate the direction from which a signal originated .
The FCC agents have attempted to DF the radio signal s
described above, and have discovered that many of the transmission s
appear to have been made from a moving vehicle .
They reach thi s
conclusion by comparing the bearings several stations receive on a
single transmission, and by noting that the source of the signa l
appears to move .
On the evening of September 18, however, the FCC agents wer e
able to follow the signal to the Westover Avenue area of Roanoke ,
arriving at an apartment complex just after the signal ceased .
After a few minutes, the signal reappeared .
On Monday, September 20, 1993, the FCC technicians/engineer s
on the scene were able to narrow the source of the signal to tw o
apartment
buildings
standing adjacent to one another .
13
Th e
buildings are in the 2600 block of Westover Avenue, in the Ashwood
Manor Apartments .
Upon inspection of the outside of those buildings, only one
antenna was noted on the buildings .
The antenna was a smal l
temporary installation, mounted on a magnetic base attached to an
air conditioner installed below one window of Apartment 6 . The
antenna is of a type commonly used on automobiles for temporar y
installations, especially for scanning radios . In the light of my
experience with radio communications, and in the experience of th e
FCC agents, communicated to me, this antenna is of a size an d
construction to receive transmissions on a fairly broad band o f
radio frequencies, including the aviation bands noted above .
On the late evening of September 21, 1993, FAA Special Agen t
Epik and I conducted surveillance of that apartment . Thi s
surveillance was aided by the fact that the apartment windows wer e
unobstructed by curtains or shades, and by the fact that the light s
were on inside the apartment when it was dark outside . Agent Epi c
and I had a high vantage point, from which we could see almos t
directly into the second story windows .
C.
BOCOOK'srelationship tothis locatio n
Shortly before midnight, Epik and I observed the unidentifie d
male subject leave the apartment, and almost immediately saw a ma n
having the same appearance walk to a parked automobile
in th e
parking lot of the apartment complex . The man opened the trunk o f
the car with keys, and looked through the trunk with a flashlight .
He then looked through the windows of the car, but did not open th e
14
passenger compartment .
The license displayed on the car was BOCOOK-2 . According t o
the
Virginia
Department of Motor Vehicles, that vehicle
is
registered to Edith Arrington Bocook and Rodney Eugene Bocook ,
although their address is listed as 811 Hunt Avenue NW, Roanoke .
The Department of Motor Vehicles files also contain driving
license records for the two Bocooks . Rodney Bocook is described a s
5'7", weighing 182 pounds, with brown hair and hazel eyes . You r
affiant notes that these descriptions match the individuals see n
through the unrestricted windows of the apartment .
My
inquiry of records from the C & P telephone company
revealed that service is connected in the name of Edith Bocook a t
Apartment 6, 2632 Westover Avenue, Roanoke .
At approximately midnight, the male occupant of the apartmen t
seemed to speak into a dark rectangular solid shape, upon which
Agent Epik saw what he described as a short antenna . Since ther e
were no aircraft-band radio transmissions noted at the time of thi s
observation, I conclude that the male subject was speaking into a
cellular or cordless telephone . He began to move the rectangula r
solid object in a vigorous hammering motion, as though frustrated .
One final circumstance tending to demonstrate that BOCOOK i s
the person making the unauthorized transmissions
is
that, on
September 13, 1993, at approximately 10 :33 PM, the same voice wa s
recorded saying "No, you're drunk . You're drunk, Edith ."
Rodne y
BOCOOK's wife is named Edith, according to the Department of Moto r
Vehicles records .
15
D.
VoiceIdentification
Following identification of the occupants of the apartmen t
upon which the antenna
is
mounted, Special Agents of the FB I
contacted
Sheriff
Thomas D . Warlitner of Allegheny County ,
Virginia .
The criminal history files reflected that BOCOOK ha d
been arrested for a misdemeanor in Allegheny County .
Sherif f
Warlitner reported that he remembered the individual well, havin g
supervised him in the jail for about nine months on a daily basis .
The Sheriff recalled that his Department had prosecuted BOCOOK fo r
fraud in 1988 . During the time BOCOOK was in the Allegheny jail ,
he somehow managed to call in a bomb threat for the jail building ,
a feat that required some skill with electronic devices . Th e
Sheriff also showed me a copy of an invoice dated December 23 ,
1987, which invoice was retained as evidence in Allegheny County' s
fraud prosecution . This invoice
purchase of a King Model
KX99
reflected BOCOOK's attempte d
and a book about aeronautica l
communications .
The FCC technicians informed me that a King KX99 is a low
power hand-held transmitter capable of operating on the aviatio n
frequencies in question .
On September 22, 1993, at approximately 7 :00 PM, Sherif f
Warlitner listened to twenty minutes of the recordings collected b y
the FAA, and concluded that the voice recorded in the unauthorized
transmissions
is the voice the Sheriff knows as that of Rodne y
Bocook .
16
E.
VoiceIdentification - Pretextcal l
In another effort to confirm that BOCOOK is the person who' s
voice was recorded on all these radio transmissions, a telephon e
call was placed to the number listed to Edith Bocook by Specia l
Agent Honora Gordon of the United States Forest Service . Thi s
call,
also recorded at approximately 4 :30 PM on September 22 ,
resulted in over ten minutes of conversation . Gordon speaks a t
length with an individual who identified himself as Rodney Bocook .
The tape recording of that call was played for Daniel P .
MacLeod, one of the FAA tower personnel collecting and analyzing
the unauthorized radio transmissions . Mr . MacLeod, who report s
that he has
listened
many times to a great
portion
of the
unauthorized transmissions, remarked that the voice on th e
telephone recording with Special Agent Gordon was "extraordinaril y
similar"
to that recorded during the unauthorized radi o
transmissions . MacLeod noted, particularly, that the voice tone ,
rhythm, accent, and inflection were the same . He did not identif y
any voice qualities that were dissimilar .
MacLeod noted that th e
telephone recording was of such high quality that more of the voic e
was audible . He finally placed his degree of certainty at 90% tha t
the unauthorized voice and the voice on the recording with Special
Agent Gordon were the same .
17
VIII . DESCRIPTION OF THE PROPERTIE S
A.
The Apartmen t
The apartment is located on the second floor of a three story
apartment building .
The building is constructed of brick .
Acces s
to all the apartments is through a central hallway and stairwa y
combination . The apartment for which search authorization
is
sought is Apartment 6, building 2632 .
B.
The Vehicl e
According to the Virginia Department of Motor Vehicles, the
car to which BOCOOK went on the night of September 21, 1993, i s
registered to BOCOOK and his wife . While there are two othe r
vehicles registered to BOCOOK and his wife, the Buick is the onl y
vehicle to which BOCOOK seems to have access .
The Buick is more particularly described as a light colore d
1984 Buick Coupe, bearing Virginia license BOCOOK 2 .
IX . CONCLUSIONS
The affiant has probable cause to believe that evidence o f
BOCOOK'S activities will be found on his person,
in his vehicle ,
and in his residence, if the Court grant the search authorization
sought .
The Affiant asserts that there is ample evidence to establis h
probable cause that RODNEY BOCOOK is the person responsible for th e
18
described transmissions, and that these transmissions were i n
violation of Sections 32 and 1464 of Title 18, United States Code .
Your
Affiant
finally
asserts that, since BOCOOK' s
transmissions have occurred mostly in the mid to late evening, an d
since
it
will be necessary to execute the warrants for th e
apartment and the vehicle simultaneously,
it
will
be both
reasonable and necessary for the execution of this warrant to begi n
after 10 :00 PM .
X . CERTIFICATE AND SIGNATURES
I certify that the information contained in this affidavit i s
true and accurate to the best of my knowledge and belief .
David Fre y
Special Agen t
Federal Bureau of Investigatio n
1993 .
Subscribed to and sworn before me this 24 day of September ,
United States Magistrate Judge
19